Opinions

Where the operator of a wastewater-treatment facility brought claims alleging a disinfectant system failed to work properly, the district court properly dismissed the breach-of-warranty claim against the system vendor because the plaintiff was prohibited from proffering expert testimony as a ...

Where a city, which was the defendant in a class action alleging constitutional violations arising from the city’s detention of plaintiffs for their inability to pay traffic fines, sought interlocutory review of the denial of its motion to dismiss six ...

Where a plaintiff, who claimed a city clerk failed to document her payment of fines leading to her arrest, brought an action against the city employer, any personal immunity of the clerk did not foreclose an action against the city, ...

Where plaintiffs brought a class action against the state and governor of Missouri and officials of the state’s public-defender system arguing that the state was failing to meet its obligations to provide indigent criminal defendants with meaningful representation, the state ...

Plaintiff appealed from the dismissal of his pro se 42 U.S.C. §1983 against defendant, the City of Helena-West Helena city attorney. Where de novo review of plaintiff’s complaint revealed no cognizable §1983 claim, dismissal of the complaint was proper. Judgment ...

Where out-of-network medical providers, who brought class-action cases litigating under ERISA for their patients against a health-insurance plan administrator, argued that the relevant plan documents did not authorize the administrator to engage in cross-plan offsetting, a doctor was authorized to ...

Defendant pleaded guilty to distributing cocaine base and possessing a firearm as an armed career criminal. Defendant conceded his prior convictions made him an armed career criminal. After the Court’s decision in Descamps v. U.S., 570 U.S. 254, defendant unsuccessfully ...

Where a plaintiff, who argued as a personal representative that the decedent’s death was due to excessive force from officers, challenged the dismissal of a wrongful-death claim that was filed more than four years after the incident, arguing that the ...

Where plaintiff brought claims of false arrest, excessive force and denial of medical care against officers, the grant of sovereign immunity to the defendants was proper because the district court did not abuse its discretion in concluding that he failed ...

When plaintiff entered kindergarten, his parents sought a section 504 plan under which plaintiff would be placed in regular classroom instruction and could use a tablet to compensate for speech and motor delays. Plaintiff’s parents rejected the school district’s alternative ...

Where circuit court employees brought First Amendment political-patronage claims against the newly elected court clerk and his subordinate, the denial of qualified immunity to the defendants is affirmed because the evidence showed that the plaintiffs’ political affiliations and campaign activities ...